Licença-maternidade no Brasilas licenças por nascimento de filho das trabalhadoras celetistas e o aleitamento materno exclusivo

Resumo

CONTEXT: The first rules protecting women in the working environment were connected to breeding. On a recent report released by the International Labour Organization (ILO/2022), amidst the 185 analyzed countries, 82 did not meet the minimum 14 weeks of maternity leave recommendation included in the Treaty nº 183, whereas in Brazil are granted 120 days for the female workers, and, in some cases, extended by additional 60 days, Law nº 11.770/2008, due to the World Health Organization recommendation on exclusive motherly breastfeeding (EMB) until the child reaches 6 (six) months old. OBJECTIVES: To analyze the consequences for the female workers under Labour Law from the standard maternity leaves and its extended counterpart from the Citizen Business Program (CBP) before the recommendation for the EMB by the WHO. METHODS: The research is qualitative of exploratory nature, with its approach method on the literature review from 2020 to 2024, as well as the legal and historical analysis on the protection of maternity and child nutrition in the first 6 months of age (WHO/2023). RESULTS: The findings indicate that due to the contributive nature of the leaves, the access is affected by the treatment inequity from employer organizations, because only the institutions which contribute with the proper tax based on real profit have the tax benefit included on the CBP, consequence of that being a difference in treatment between the working nursing mothers, since the sum of the leaves fully meet the recommendation of EMB from WHO. LIMITATIONS: Absence of data or official records on EMB from female workers under Labour Law both on the 120 days case, and the extended 180 days ones due to CBP. CONTRIBUTIONS: Enhancement of the public policies concerning the protection of female workers with family responsibilities (ILO's Treaty 156), and the monitoring of EMB during the first 6 months of age of the female workers' children (ILO's Treaty 183).

Ficha do documento

Tipo

Dissertação

Ano

2024

Instituição

Fundação Getulio Vargas

Fonte

Repositório da FGV

Idioma

Português

Acesso

Acesso aberto

Identificador

oai:repositorio.fgv.br:10438/36414

Temas

Políticas PúblicasAdministração Pública

Palavras-chave

TrabalhoMaternidadeLicença-maternidadeAleitmento maternoPolíticas públicasLabourFamilyMaternity leaveExtended leaveMaternal breastfeedingAdministração públicaMulheres - EmpregoLicença-maternidade - LegislaçãoIncentivo à amamentaçãoPolíticas públicas - Brasil